The owner of a commercial diving company isn't happy with provincial occupational health and safety rules that categorize St. John's harbour as a contaminated work site.

Barry Hynes said enforcement of the two-year-old regulations cost his company, Sea-Force Diving, an $8,000 contract with the Canadian Coast Guard Monday.

And he predicts work in the harbour will be prohibitive for him and other small diving companies in future.

So far, he said, the province has not provided him with anything on paper saying the harbour is a contaminated site -- thereby allowing Sea-Force to build the cost of complying with diving rules into its prices.

"I've requested that they put this in writing," said Hynes.

Two weeks later, he's still awaiting a letter.

"If it's contaminated, it's got to be contaminated for everybody," he said. "There should be a sign posted."

The contamination designation means diving companies working in harbour waters must use nonpermeable, one-piece suits complete with attached gloves and headgear, clean all equipment on site immediately upon leaving the water and consult doctors before beginning a job.

Those are just some of the rules that came into force March 2002, when the province adopted the Canadian Standards Association (CSA) rules for commercial diving operations.

"If they enforce every little subsection, there'll never be any diving done in the harbour again," said Hynes.

"Nobody'll be able to afford to pay for it."

The provincial Department of Government Services said biological contamination in St. John's harbour exceeds the minimal acceptable limits under the Canada Recreational Water Quality Guidelines.

"The department is classifying and considering St. John's harbour contaminated," said Glenn O'Neill, an occupational health and safety consultant with the department.

O'Neill said it's up to the employer to identify any contaminants in a body of water where their divers will operate.

What isn't entirely clear is whether that employer is the diving company itself or the company that hires the diving company.

"It could be a joint effort," said O'Neill. "The regulations are not, I would say, directly clear on that."

Hynes said his company was a subcontractor for underwater welding on the new Harvey Offshore pier last year.

He wonders who was supposed to test for contamination -- him, the contractor, or Harvey's.

"There's no one in their right mind going to pay for all this cost that's going to be incurred."

Hynes said outfitting his eight employees with new suits, headgear and air hoses will cost up to $30,000 -- a cost he'll have to pass on to customers.

"That's gear to be only used for St. John's harbour, so you've got to have completely separate equipment for St. John's harbour."

Another concern is cleaning that equipment, which must be done on site by someone wearing a rubber suit. Hynes said fire hydrants are the only source of clean water available at the harbour.

"They're owned by the city and you're not allowed to operate them.

"How can we wash off when there's no water available on site? We've always cleaned off our gear when we got back to our warehouse."

He dismisses the idea of trucking water in, saying he's not paying for it.

"As soon as I see someone else washing their equipment down, that comes out of the harbour, that's when I'm going to start doing it," he said.

"The stevedores, the guys who handle the boats, are they going to have be hosed down ... and dressed in rubber, as well?"

Hynes' reading of the rules also suggests he and his divers must get medicals before and after a contract that takes them into contaminated waters such as St. John's harbour.

"You cannot go to your (general practitioner) to get a diving medical."

He said only one company is certified to provide this service in the province, and those medicals cost about $450 apiece.

While the rules require divers to consult a physician prior to working in contaminated waters, O'Neill said a medical is not mandatory.

"They're getting awful grey with that," said Hynes.

O'Neill said all diving companies were notified of the rule changes through mailouts, meetings with contractors, safety bulletins and hazard alerts resulting from diving injuries and fatalities.

"It's their responsibility," he said.

O'Neill said the CSA diving code was implemented in two parts.

The first, which included rules about diving in contaminated waters, came into effect in the fall of 2002.

Rules governing diver competency took effect this year, although so far there is no certifying body in place.

Instead, occupational health and safety officers conduct spot-checks at dive sites, checking logbooks to make sure divers are qualified and experienced to do the work they're engaged in.

mbaird@thetelegram.com